Court rules in favor of landowner, citing failure of authorities to initiate acquisition within statutory period.
In a significant ruling on June 29, 2026, the Gujarat High Court declared that the reservation of land for a Development Plan road in Deesa, Banaskantha, had lapsed due to inaction by the authorities. The decision came in response to a petition filed by Ajaykumar Babulal Gehlot, who sought relief under the Gujarat Town Planning and Urban Development Act, 1976.
The petitioner, Ajaykumar Babulal Gehlot, owns land bearing Survey Nos. 41 and 42/P4, admeasuring 2529 square meters. This land had been reserved under a Development Plan since its initial sanction in 1975. Despite the passage of several decades, the authorities failed to initiate any acquisition proceedings. The petitioner served a statutory notice under Section 20(2) of the Act in May 2022, which was ignored by the authorities.
Justice Niral R. Mehta noted that the statutory period for initiating acquisition had long expired, and no steps were taken within six months following the notice, as required under Section 20(2). The court emphasized that the statutory right of the landowner could not be undermined by subsequent revisions of the Development Plan, especially when those revisions themselves were not initiated within the legally prescribed timeframe.
The court further highlighted that the Gujarat Town Planning and Urban Development Act, 1976, provides a clear framework within which land reservations should be handled. If the land is not acquired or proceedings are not initiated within ten years from the Development Plan's enactment, the reservation is deemed to have lapsed. The court ruled that the authorities' failure to adhere to this timeline resulted in the lapse of the reservation.
The judgment underscores the importance of adhering to statutory timelines, ensuring that landowners' rights are protected against indefinite reservation without compensation. The court dismissed requests for a stay on the implementation of its judgment.
Bottom line:-
Town Planning - Reservation of land under a Development Plan - If the statutory period of 10 years expires without acquisition or initiation of acquisition proceedings, and no revision of the Development Plan under Section 21 of the Gujarat Town Planning and Urban Development Act, 1976 is initiated within that period, the reservation lapses upon the fulfilment of conditions under Section 20(2).
Statutory provision(s): Section 20(2), Section 21 of the Gujarat Town Planning and Urban Development Act, 1976; Article 300A of the Constitution of India.
Ajaykumar Babulal Gehlot v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2932448
